Fasolo v Scarafile

Fasolo v Scarafile 2014 NY Slip Op 05722 Decided on August 8, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 8, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
622 CA 13-02057

[*1]MICHAEL FASOLO AND PREMIER BUILDING GROUP, INC., PLAINTIFFS-APPELLANTS,

v

JOSEPH A. SCARAFILE, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered July 11, 2013. The order denied plaintiffs' motion for leave to renew and reargue.

GUSTAVE J. DETRAGLIA, JR., UTICA, FOR PLAINTIFFS-APPELLANTS.

HISCOCK & BARCLAY, LLP, ALBANY (DAVID B. CABANISS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same Memorandum as in Fasolo v Scarafile ([appeal No. 1] ___ AD3d ___ [Aug. 8, 2014]).

Entered: August 8, 2014

Frances E. Cafarell

Clerk of the Court